1. A. In order to determine legal and physical custody arrangements that serve the child’s best interests, a psychologist conducting a child custody evaluation shall:

   1. (1) Assess the following:

      1. (a) Parenting skills and capacities of the adults; and
      2. (b) The child’s psychological functioning and developmental needs;

   2. (2) Use multiple methods of data gathering, including, but not limited to:

      1. (a) Individually interviewing and assessing each party and each child, if age appropriate;
      2. (b) Observing the interactions of the child with each parental figure, in the respective households, whenever possible; and

      3. (c) Requesting and assessing additional relevant information whenever possible, such as:

         1. (i) Third-party interviews;
         2. (ii) Medical records;
         3. (iii) School records; and
         4. (iv) Legal documents;
   3. (3) Remain impartial and objective;
   4. (4) Interpret assessment data and clinical information in a manner consistent with current standards of practice;

   5. (5) Base recommendations on the needs and best interests of the child, as supported by the:

      1. (a) Evaluation data; and
      2. (b) Applicable law;
   6. (6) Create and maintain professional records in accordance with COMAR 10.36.05;

   7. (7) Include appropriate disclaimers regarding the limitations of the recommendations, such as:

      1. (a) Unavailability of information;
      2. (b) Lack of cooperation of the parties;
      3. (c) Lack of compliance with court orders; or
      4. (d) Inconclusive assessment data; and
   8. (8) Decline to conduct the evaluation as set forth in COMAR 10.36.05 if the psychologist feels that the psychologist’s objectivity would be impaired.
2. B. In the event a psychologist determines sufficient information is not available, the psychologist may decline to make recommendations.

3. C. A psychologist performing a child custody evaluation may not:

   1. (1) Engage in multiple relationships with any of the parties to the pending child custody proceeding, including serving as a:

      1. (a) Mediator;
      2. (b) Therapist;
      3. (c) Life coach;
      4. (d) Parenting coordinator; or
      5. (e) Litigation consultant; or
   2. (2) Render an opinion concerning the psychological functioning or custodial fitness of a individual involved in the custody proceeding who has not been personally evaluated by the psychologist during the current child custody evaluation.

Authority: Health Occupations Article, §18-206, Annotated Code of Maryland

Effective date: August 22, 2011 (38:17 Md. R. 1013)